The legal framework
Courts apply an equitable jointly acquired property approach on divorce, recognising non-financial contribution. On intestacy, PNDC Law 111 gives the surviving spouse and children defined shares of the estate, including the matrimonial home and household chattels. Across these jurisdictions, the decisive practical questions are the same: was the marriage registered, whose name is on the title, and is there a will?
Key points
| Divorce | Equitable division of jointly acquired property |
|---|---|
| Non-financial contribution | Recognised by the courts |
| Intestacy | PNDC Law 111 gives spouse and children defined shares, including the house and chattels |
| Customary succession | Modified by statute in favour of the nuclear family |
| Wills | Permitted; the Wills Act allows dependants to apply for provision |
| Estate tax | None |
| Substantial contribution | The courts now favour equality for property acquired during the marriage |
| Intestate Succession Act | Fixed shares for spouse and children, including the house |
| Spousal share of the house | The matrimonial home passes to the surviving spouse and children |
| Wills Act | Allows a court to make provision where dependants are left without support |
In practice
- Register the marriage and the title to property: these two documents decide most disputes.
- Record contributions to any asset, including labour and materials.
- Make a will and lodge it where it can be found.
- Where customary practices threaten a widow's position, the constitutional protections are real and enforceable — legal aid organisations litigate these cases regularly.
- Register the marriage: the Intestate Succession Act protects spouses of recognised marriages.
- Make a will if you want to depart from the statutory shares, but expect a provision claim.
Cost and coverage
Registration and wills are cheap; estate litigation is not, and delays can leave a family without access to property for years.
Recent changes
The shared regional trend is statutory protection of the surviving spouse against customary disinheritance, reinforced by constitutional rulings.
Where to go
- National registrar of lands and deeds.
- Probate registry or administrator general.
- Legal aid schemes, law clinics and women's rights organisations.
Worth knowing
Property grabbing from widows remains common across the region despite the law being clear. Acting quickly — securing the title documents and reporting interference — matters more than the eventual court case. Ghana's Intestate Succession Act gives the surviving spouse and children the house and household chattels. Relatives who evict a widow are acting unlawfully.
Official sources and links
- Ghana.gov — official government portal